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If you do not know how to get a divorce in Alabama, you may think it is too complicated to do. The truth is that Alabama rules for divorce make it easier than ever if you know what to expect and follow the steps.
This southern state allows for both no-fault and at-fault divorces. No-fault divorces can often proceed quickly, while establishing fault takes time and requires proof to present to a family court judge.
Another issue that can make your divorce more problematic is whether or not your partner agrees to the divorce. If you and your spouse can work everything out without the need for lawyers or a trial, you can end your marriage in as little as 30 days. In the case of a contested divorce, meaning your spouse disagrees with it, your case could take longer and cost more, especially if you want legal services.
This guide from Simplify My Divorce can explain everything you should know about divorce proceedings in Alabama to help you avoid common mistakes.
Table of Contents
How to File for Divorce in Alabama
The first place any divorce starts is filing Alabama divorce forms. You can find these forms online; just download and print them, then fill them out carefully and neatly. The papers are the same throughout the state, but you need to file them with your local county clerk of court.
When filing for divorce in Alabama, you should include any other concerns, especially custody of a minor child, child support, alimony, and property settlement. If either you or your spouse have debts, you may also want to address how to share the debt after the divorce.
No-fault Divorce
Alabama is one of 17 states that allow for no-fault divorce. This type of divorce action does not need a reason for ending the marriage, but it does have a few circumstances that apply:
● Voluntary abandonment of at least a year
● Separation of at least two years
● Incompatible personalities
● Irretrievable breakdown
Alabama Divorce Laws
Remember that you cannot file a complaint to initiate a divorce case in Alabama unless you or your spouse are residents. If you both reside there, you meet that required legal ground, but if you are the only resident, you can file only after you have lived in-state for a minimum of six months.
While Alabama is a no-fault state, you may choose to establish why you want to file for divorce from your spouse. Here are the reasons that qualify for an Alabama divorce:
● Adultery
● Abandonment of at least one year
● Domestic violence against you
● Deviant sexual behavior
● Drug or alcohol abuse
● Impotence
● Imprisonment for at least two years of a seven-year-minimum sentence
● Incurable insanity or confinement to a mental institution for at least five years
● Wife was pregnant at the time of marriage without spouse’s knowledge
Keep in mind that it is up to you or your lawyer to convince a judge that your spouse is responsible for the marriage state. If you do not have evidence of one of these reasons, you may want to reconsider a no-fault option.
You may also want to contemplate mediation as an avenue for settlement. Mediation can help with a contested divorce and allows you to come to an agreement without the time and money of court hearings or a trial.
Uncontested Divorce
Some marriages are straightforward with no children, little debt, and no significant assets. Other times, the spouses work together and agree on how to handle the financial aspects of their marriage. In these cases, the divorce is uncontested.
This simple divorce does not need a judge or jury; both parties sign the papers and file them with the clerk of court in your county of residence. The judge then has up to 30 days to sign the decree and finalize your arrangement.
An uncontested divorce is usually less expensive and quicker because you and your spouse agree to the terms. If you both approve the details, child custody, support, and alimony can be part of an uncontested divorce.
Paperwork and Forms Needed to Get a Divorce in Alabama
You cannot file for divorce without paperwork; after all, your marriage began with a certificate from the court, so it makes sense it should end in a similar fashion. The most crucial document is the divorce complaint, but from there, the forms you need depend on your marriage’s circumstances. For example, a marriage with minor children has additional documents required.
Expect to include documents about your finances as well. There are forms to address property, assets, and even retirement accounts. You can see why a lawyer’s services can help with this process; attorneys make sure everything is in order before filing with the court.
How Long Does a Divorce Take in Alabama?
When it comes to how long it takes to get a divorce in Alabama, there is no single correct answer. If your spouse agrees to all terms of the divorce, including how to divide joint property, custody and child support, and distribution of assets, you can expect your divorce to finalize in about 30 days.
On the other hand, if you and your spouse cannot agree to the terms of the divorce, you may be looking at a trial to have the help of a judge to decree the final settlements and arrangements. You and the other spouse may each want an attorney who communicates on your behalf if you cannot agree or find common ground to resolve contested issues.
The more involved your divorce, the longer it will take. In some cases, especially those with minor children, grounds for divorce, or significant assets, the process can take years to resolve. Think of it this way; the more you disagree about custody or how to separate property, the longer and more expensive the process may be. Here are several common reasons that an Alabama divorce may take longer than the 30-day waiting period:
Alimony
Spousal support is often an issue that can drag out the divorce process. The judge may want to consider how long you were married, your age and education level, and even your prospects to make a fair determination about alimony.
Child Custody and Visitation Rights
When divorcing parents cannot agree on custody and visitation, at least one court hearing may be necessary to reach a determination. Before a judge can grant a divorce, every aspect of the children’s well-being can impact the final decision, and reaching any conclusion can delay issuing a divorce decree.
Child Support
Typically, the parent who has physical custody of minor children can expect financial support from the other parent. However, judges in Alabama have some flexibility with child support guidelines and may choose to work outside those guidelines if they feel it would be more equitable. You may wish to consult with an attorney to discuss your case if you are concerned about an equitable solution.
How Much Does It Cost to File for Divorce in Alabama?
According to Alabama divorce laws, you must pay a minimum fee for filing your petition with the court, and each county can set its own price. Most no-fault, non-contested divorces do not require legal separation from your spouse first and cost between $200 and $350 throughout Alabama, but again, that is only the filing fee.
If you consult with an attorney, you can expect to pay either a flat fee or an hourly rate, depending on how much work the law firm does on your behalf. Do your research before hiring a lawyer to make sure you can afford the services and understand the relevant billing policies. You may want to negotiate your attorney’s fees as part of your divorce settlement.
You can also anticipate expenses related to gathering financial information, as banks and advisors may charge you for copies of bank statements and other documents. Keep track of these expenses if you want to include them in the terms of your divorce.
Alabama Divorce Requirements You Need to Know
Here are the basic steps that Alabama has for divorce:
Residency Requirements
The residency requirement is essential. If you and your spouse live in Alabama, you meet that condition. If you live in-state but your spouse does not, you cannot file until you have lived in the state for at least six months.
However, if you live in another state but your spouse resides in AL, you can file the divorce at any time. The six-month residency requirement only applies to the person filing for divorce.
Alabama does have a 30-day waiting period from the time you file to the time the judge signs the decree. Usually, meeting this time period is not an issue, as court backlogs can take longer than a month.
Attorneys and Financial Advisors
You do not have to hire an attorney or financial adviser to help you through your divorce process, but you may want to if you have assets or custody with your spouse to address. While these professionals can increase the expense of your divorce, that can be money well-spent if it protects you in a complicated or contested dissolution of your marriage.
For more information to help you navigate your divorce in Alabama or any other state, contact Simplify My Divorce. We have the resources to answer your questions before you decide to file for divorce.